Dear Working Wise:

My son started working as a Customer Service Clerk at our local garden centre in May. He was not paid holiday pay for Victoria Day. He was also not paid overtime for working Victoria Day. Is he entitled to holiday pay and overtime? He also worked more than 100 hours over the past two weeks. Is he entitled to overtime for those hours?  Signed, Disappointed Dad

Dear Disappointed Dad:

I am glad to hear your son found a summer job. I’ll address your holiday-pay question first.

Under Alberta's Employment Standards, your son's employer is most likely not required to pay him for Victoria Day (May 23), because employees must have worked a minimum of 30 days prior to the holiday within the past year to be eligible.

Of course, it is important to remember that these are the minimum standards. Your son may be entitled to holiday pay if he has an employment contract or belongs to a union with an agreement that doesn't require the 30-day minimum.

Otherwise, to be eligible for general holiday pay under Alberta's Employment Standards, employees must:

o  have worked 30 days for their employer in the preceding 12 months;

o  work their scheduled shift before and after the holiday (unless employer consent is given);

o  work on the general holiday if requested; and

o  normally work that day of the week, e.g., if you don't normally work on Mondays, you are not entitled to be paid holiday pay for a holiday that falls on a Monday.

You were also wondering if he is entitled to overtime for working on the holiday. Again, because he is short of the minimum 30 days of work, he is considered to be ineligible for the general holiday. The good news is that he will be eligible for the remainder of the summer general holidays, including Canada Day.

Finally, you were wondering if he is eligible for overtime for working more than 100 hours during a two-week period. The short answer is yes.

For most employees, overtime is all hours worked in excess of eight hours a day or 44 hours a week. Overtime is calculated both on a daily and weekly basis. The higher of the two numbers is overtime hours worked in the week.

Overtime must be paid at the rate of at least 1.5 times his regular wage rate unless he has signed an overtime agreement with his employer. For more information on overtime agreements, visit the Employment Standards web site.

If you have any more detailed questions about his holiday pay or overtime, call 1-877-427-3731 or visitwww.employment.alberta.ca/employmentstandards.

Do you have a work-related question? Send your questions to Working Wise, at charles.strachey@gov.ab.ca. Charles Strachey is a regional manager with Alberta Employment and Immigration. This column is provided for general information.

Dear Working Wise:

I want to staff up my ice-cream shop for the summer season. I am considering hiring my 13-year-old niece, but I’m wondering if there are any issues related to hiring someone that young to work in my shop? Signed, Want The Scoop

Dear Want The Scoop:

Summer jobs are a great way for teens to save money for a car or their post-secondary education. Jobs also help kids learn critical employability skills, good work habits, and the true value of a dollar.

Young workers are covered by the same employment standards, e.g., holiday pay and minimum wage, as other workers, butthere are some special rules employers should know when it comes to employing people under the age of 18.

Adolescent Albertans, aged 12-14, can work in the following approved jobs:

- office messenger or clerk;

-delivery person (e.g., flyers, flowers);

- retail store clerk (e.g., music store); and

- certain jobs in the restaurant and food-service industry, with restrictions.

Food-service industry restrictions include limited duties and the completion of a Safety Checklist for Adolescents.

Duties: Adolescents are limited to the following food-service industry duties: host/hostess, cashier, dish washing, bussing tables, waiting tables, providing customer service, assembling orders and cleaning.

Safety Checklist: Food-service industry employers must also complete a Safety Checklist for Adolescents.The Safety Checklist is available at: http://employment.alberta.ca/documents/WRR/WRR-ES-ES3816.pdf.

Adolescents may be able to take on other jobs, but the employer must first apply for a permit to employ an adolescent.

Your niece can not accept work that may harm her life, health, education or welfare. For these reasons, adolescents can not:

- sell liquor in licensed premises;

- work between 9 p.m. and 6 a.m.;

- work during normal school hours;

- work in areas where smoking is permitted;

- work without continuous adult supervision;

- work for longer than two hours on a school day;

- work for longer than eight hours on a non-school day; or

- use or work near dangerous equipment such as deep fryers, grills or slicers.

Registered Apprenticeship Program (RAP) and other School Act work experience programs are exempt from the rules around working during school hours.

Employers and parents are responsible for ensuring that adolescent workers are competent and safe. Parents must give the employer written consent before employment begins.

Employers are required by the Occupational Health and Safety (OHS) Code to keep young workers safe by:

- completing a written hazard assessment;

- controlling or eliminating all safety hazards;

- ensuring the health and safety of the employee; and

- warning the adolescent about any hazards that may affect him or her.

Teens, aged 15 to 17, have fewer restrictions and are free to take on more types of jobs, but they are subject to special conditions as well.

If you have any more questions about employing younger workers, call the Alberta Employment Standards helpline at 1-877-427-3731 or visit www.employment.alberta.ca and click on Safe and Fair Workplaces.

Good luck!

Do you have a work-related question? Send your questions to Working Wise, at charles.strachey@gov.ab.ca. Charles Strachey is a regional manager with Alberta Employment and Immigration. This column is provided for general information.